Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged stress brought on by inadequate staffing levels, training and disciplinary action caused applicant to resign - No evidence of impact on health after…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($750) ; Arrears of wages and statutory holiday pay ($5,213.56) ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Review of 120 days internet use of all employees in respondent's Engineering Services Division - Respondent engaged specialist who produced individual internet user reports…
Result:: Application granted ; Reinstatement ordered (all applicants) ; Reimbursement of lost wages ($23,040)(B) ; ($13,768)(G) ; ($17,134)(C) ; ($6,754)(K) (4 months less earnings); Compensation for humiliation etc ($7,000)(B); ($3,000)(G, C and K) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Applicant sought determination that instruction given to respondent to relocate his dogs away from Council owned reserve and farm was lawful instruction – Respondent lived in house at…
Result:: Orders accordingly ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement with one exception.
Result:: Consent order granted ; Orders accordingly ; No order for costs

L Robinson [Employment Relations Authority - Auckland]

Summary:: PARENTAL LEAVE - Application for relief in respect of irregularity under Parental Leave and Employment Protection Act 1987 (PLEPA") - Applicant intended to return to work from parental leave on…
Result:: Orders accordingly

P R Stapp [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Respondent sought order that statements of witnesses be admitted - Witnesses not available for investigation meeting - Application lodged one year after dismissal - Respondent claimed…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Employment agreement provided two weeks notice of redundancy and compensation calculated based on length of service - One…
Result:: Application granted ; Arrears of wages ($1,887.81)(2 weeks) ; ($943.91)(notice) ; Redundancy compensation ($5,513.46)(5 weeks 4 days) ; Arrears of holiday pay ($1510.25) ; Other monies (vehicle expenses)($524.66) ; Interest (9%) ; Disbursements in favour of applicant ($70)(Filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Relationship between parties was so tense had to be seen separately by Authority - Applicant used cell phone at work in breach of site policy - Whether…
Result:: Application dismissed ; Costs to lie where they fall